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How to Build an Auto Accident Legal Claim A lawyer from a car accident will consider all the ways that your injuries have affected you. This includes medical expenses at present and in the future loss of wages, emotional impacts. A lawyer with extensive experience in preparing and trying cases involving car accidents is essential. Insurance companies are aware that lawyers willing to go to trial will fight to secure the maximum amount of compensation. Traffic collisions A traffic collision is any type of accident involving one or more vehicles. These accidents may include pedestrians, animals, road debris, or stationary obstacles such as poles or buildings. They can also occur on private or public roads. Accidents involving traffic can be accidental or intentional. Examples of traffic crimes committed intentionally include vehicular homicide and vehicular suicide. According to the NYC Open Data Initiative, car accidents are among the most common types of incidents that occur in New York City. The city maintains a database that is public of every motor vehicle crash. It provides information about the date and time of the collision, its location, and the severity. auto accident lawsuit moreno valley , even if they seem minor. You could lose your right to compensation if you don't report the collision. Failure to report a collision can also lead to a suspension of your license or other penalties. If you're involved in a traffic collision, it is essential to call the police right away and to snap photos of the scene. You should also gather all the information you can about the other driver as well as their insurance company. If you are unable find the other driver, you may claim the damage through your own auto insurance or a policy of a family member. You could also be in a position to file an insurance claim through the state's special fund for those who have suffered catastrophic injuries, called the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that follow laws based on fault the insurer of the driver at fault covers medical and vehicle-repair expenses for other drivers involved in an accident. However there are other forms of compensation you can pursue in the event of losses arising from the accident. In these instances you'll need to prove that the other driver was negligent. A traffic citation is a good way to prove this purpose. In a majority of police stations, officers have the discretion to issue a driver with warning after an accident. If they believe the driver caused the accident by committing a violation of the law, they will usually issue an citation. The nature of the offense can play a role in the insurance company's decision on the fault. Certain states have “contributing factor” boxes on accident reports in which officers can assign a percentage of the blame to a driver for an incident. If you were struck by a driver who drove straight through a traffic signal, and you could have moved away from the intersection however you didn't, then you might be assigned an amount of blame for the accident. An experienced personal injury attorney will assist you in proving that the other driver violated his or her obligation to drive safely and abide by road rules. You may then seek compensation for your physical and emotional injuries. If your losses are greater than the liability insurance coverage, you may file suit against the driver who is at fault. Counterclaims If a car crash occurs the parties involved have a limited amount of time to pursue legal action. While these deadlines vary by state, a lawsuit filed within the proper timeframe could be a successful way to seek compensation for injuries and damages that result from the collision. A knowledgeable lawyer on your side can help you work with insurance companies to settle or take your case to trial. Your lawyer and you begin the legal process by filing a police report. This document is important because it contains a summary of what happened, the details and evidence gathered at the scene witness statements, more. It is commonly used by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you could be entitled to claim. When your attorney files the report and both parties will engage in a series called discovery. This is where your attorney will ask questions of the Defendant's representatives and gather information about their version of events including their assessment of the extent of your injuries. Your lawyer can also seek expert opinions to back up your assertions and add credibility to the case. Counterclaims are a common method for the parties in fault to attempt to influence the outcome their way. This is especially common in states that have modified law on comparative negligence, which requires victims to prove they're less than 50% at fault for the incident. Comparative negligence Determining who is to blame for a car crash can be confusing and sometimes difficult. This is particularly true in states that have adopted the concept of comparative negligence or shared fault rules. Under the comparative negligence laws those who are injured can receive compensation less their percentage of responsibility for the accident. If you are found to be 20% negligent, your claim will be reduced by 80%. New York is a pure state of comparative negligence, which means that if your case is taken to the court, judges and juries will weigh the degree of blame each party is responsible for the accident and reduce damage awards by that same amount. Insurance companies employ comparative negligence guidelines when evaluating claims from third parties. There are three main types of comparative negligent: pure comparative neglect or modified comparative fault and contributory negligence. The majority of states including Texas follow the modified comparative fault rule. Texas was a part of the old Joint and Several Liability Rule that allowed each defendant to be held responsible for the entire amount the victim was liable for damages. Depositions provide a means for your attorney to address questions orally to witnesses, police officers, and medical professionals who were involved in the collision. These will help your legal team to build a case for your auto accident. Your testimony can help strengthen your claim.